Law and World (E-Journal) / სამართალი და მსოფლიო
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სამოხელეო დანაშაულის ისტორიულ-სამართლებრივი მიმოხილვა და სამოხელეო დანაშაულისა და სასჯელის სახეები ქართულ და მსოფლიო სამართლის ისტორიაში
Get PDFThe article covers monuments of religious law, including, both, Georgia and different countries of the world. Special attention is paid to the records kept by the ancient monuments of the law which included direct or indirect regulations with regard to offi cial offenses and established certain sanctions for those acts. The author reviews minimum standards of proving culpability in accordance with different approaches of the authors of the monuments of law of different countries in different ages. The notion and importance of official offenses during different stages of development of the mankind are analyzed based on the examples from Europe and Asia. This article also provides historical legal analysis of official corruption offenses, its classification and the methods of combatting, based on historical sources
სისხლის სამართლებრივი კანონის უკუძალა და ცდა სამართლის გაზომვისა
Get PDFOn September 27th, 2017 the Supreme Court of Georgia delivered a judgment over criminal case №2K-251AP.-17 within which an issue of ex post facto law was examined. The law enacted during the cassation hearings, provided modifi ed elements of criminal offenses which the defendant was accused of (art. 137-138 penal code of Georgia). On the one hand, the defendant could no longer be accused of two separate offences: attempted rape and sexual assault and this was to reduce punishment significantly. On the other hand, he was to be accused of a completed rape rather than an attempted one and this could somewhat worsen his situation. The court referred to a procedural norm on prohibition of reformation in peius, used both laws in conjunction and found the defendant guilty of attempted rape only. Although the decision is legal it lacks a deep and comprehensive analysis of the issue, we apply the legimetrical method. It suggests measuring the problem using criteria that are inseparable structural components of law: morality which aims for fairness and policy which aims for benefit. Balance of these two is absolutely crucial or even vital for solving virtually any legal issue. Hopefully, there is enough ground given in this article to inspire Georgian Courts to attempt to measure the Law
ინტელექტუალური სამართლის ობიექტებთან დაკავშირებული ქართული მართლმსაჯულების ზოგიერთი პრობლემის შესახებ
Get PDF The article deals with the practice of intellectual disputes on the example of copyright objects and patents in Georgia. The circumstances that impede the execution of justice are shown and it is important underline how important the judges’ qualification and subjective conclusions based on objective data are when judging these areas. It is noted that the peculiarities of intellectual cases are so significant that the world is undertaken by creating special courts, which is effectively completed by economically powerful countries. In the rest of the countries the path is specialization of judicial collegiums. Georgia still thinks this issue is unacceptable. However, in the 90-s the specialization was introduced and intellectual disputes were examined by the Tbilisi Regional Court with the fi rst instance. The solution of this case was correct because the preparation of judges requires special theoretical basics. Otherwise we will not be able to improve the outcome that we have now taken when solutions often leave or feeling of lack the relevant qualifications to compile these issues or biased approach. The main goal of this article is to discuss and demonstrate that the fairness of justice is one of the most important in regard to intellectual property, because there does not exist property whish is more valuable property tahn intellectual property is and growth of disputes in this area is inevitable in the future
იურიდიული განათლების როლი მართლმსაჯულების სისტემის სრულყოფაში
Get PDFOn 13 june of 1997 year, Georgian parliament adopted organic law of Common Courts. This was the beginning of long term judicial reform in our country. Unfortunately, For that time implementing of judicial reform was impossible, because of political and social factors. A new phase of reform of the judiciary started in 2005. The judicial reform is still in process. While implementing the reform role of legal education is very important. Main issues in this sphere are: a. organizing effective intership system for students, b.systematization of court decisions; c. chaging system of legal education. Whithout coordinating activities of judicial system and law schools, judicial reform will not be successful
მოსამართლე და სასჯელის ინდივიდუალიზაცია
Get PDF Why is the crime rate not decreasing? Why are we still unable to succeed despite the resources concentrated? If we defi ne the law as a system of ideas, values, principles, norms, institutions, methods, mechanisms, processes etc. we acknowledge that the abovementioned components should function orderly otherwise the system might fail. What if there is a mismatch or even contradiction between some of these components? On the one hand, the legislator sets the clear goal within the Penal Code of Georgia – prevention of new crime (article 39). Consequently, the judge is obliged to fi nd the punishment that would be proportional to the individual circumstances of criminal case and the person he/she is going to sentence (article 53). On the other hand, the Penal Code of Georgia does not allow the judge to use suspended sentence (article 63) or a punishment that is milder than the one established by the law (article 55), even when this is preferable or even necessary in terms of proportionality of the punishment (unless there is a plea of bargain). This is a serious contradiction between the goal and the means. Thus no wonder that we have problems in terms of achieving the goal. Therefore, the legislators should revise the matter wisely
აუცილებელი მოგერიების ფარგლებს გადაცილებით ჩადენილი დანაშაულის კვალიფიკაციის სამართლებრივი ასპექტები (სასამართლო პრაქტიკის მიმოხილვა)
Get PDFSelf-defence is one of the ancient institutions of criminal law. Article 28 of Georgian criminal code defines basis for the self-defence. During qualification of self-defence, the most important aspect is proportionality of defence. The criminal code of Georgia defines general fundaments of proportionality. However, main point and criteria while qualification it detailed analysis of Georgia case law. In the research, we have discussed legal regulation of self defence, Georgian case law and statistic. According to the research we have suggested main criterias of qualification self defence proportionality
სასამართლო და არასასამართლო მედიაციის ურთიერთმიმართება
Get PDFIt is doubtful that in the conditions of mediation institutionalization, its successful functioning, with other means of dispute settlement, is not only the subject of private interest during individual proceedings. It is also the fact of public importance. However, in the Georgian reality, mediation is considered as a new institution. Most material, procedural or ethical issues related to it have not been regulated at the legislative level, including, the connection between mandatory/judicial and voluntary mediation. Meanwhile, the growing demands of the legal profession require compliance of internal legislation with modern development trends. Considering this fact, the work concentrates on the inter-relationship of mandatory/judicial and voluntary mediation. The signs of mandatory/ judicial and voluntary mediation are discussed. Analysis of court mediation practice and the existing regulatory legislation has been carried out. Recommendations for improvement of legislation have been developed. Each suggested regulation will help in the process of perfection of legislation and the development of the institute
საპარლამენტო კონტროლის მექანიზმები სპეცსამსახურების საქმიანობაზე
Get PDFState special services are responsible for protecting the state from internal and external threats. Its objective is to maintain peace and stability so that state institutions can function properly and in accordance with the fundamental principles of a democracy, including, the rule of law, division of powers and respect for human rights. In order to carry out their mission effectively, special services are often invested with special powers enabling them, for instance, to gather otherwise inaccessible information, work in secrecy and use force legitimately. However, because of the power which they confer, these powers carry with them the risk of misuse or abuse. Wherever such risks become reality, security sector institutions deviate from their legitimate mission and threaten to undermine the democratically elected government which they are expected to serve. It is particularly important to carry out parliamentary oversight over special services of the state that excludes unlawful usurpation of power by security services. The article mainly aims to identify parliamentary supervision mechanisms over the activities of special services
საპარლამენტო კონტროლის მექანიზმები სპეცსამსახურების საქმიანობაზე
Get PDFState special services are responsible for protecting the state from internal and external threats. Its objective is to maintain peace and stability so that state institutions can function properly and in accordance with the fundamental principles of a democracy, including, the rule of law, division of powers and respect for human rights. In order to carry out their mission effectively, special services are often invested with special powers enabling them, for instance, to gather otherwise inaccessible information, work in secrecy and use force legitimately. However, because of the power which they confer, these powers carry with them the risk of misuse or abuse. Wherever such risks become reality, security sector institutions deviate from their legitimate mission and threaten to undermine the democratically elected government which they are expected to serve. It is particularly important to carry out parliamentary oversight over special services of the state that excludes unlawful usurpation of power by security services. The article mainly aims to identify parliamentary supervision mechanisms over the activities of special services
არასამეწარმეო (არაკომერციული) იურიდიული პირების საქმიანობის ზოგიერთი ასპექტის გამჭვირვალობის უზრუნველყოფის აუცილებლობა საქართველოში
Get PDFThe research analyzes the risks associated with non-transparency of the work of non-profit (non-commercial) legal entities registered in Georgia. Specifically, the research clarifies that the issue of publicity of the information about financial resources received by the non-commercial legal entities, when the source of funding is a foreign state, is not regulated. As a result, the necessity of legislation changes is substantiated